U.S. Tax Withholding on Payments to Foreign Persons

International Tax Gap Series

March 2008

U.S. Tax Withholding on Payments to Foreign Persons

WASHINGTON - U.S. source income paid to foreign individuals amounts to $140 billion each year. Most types of U.S. source income paid to a foreign person are subject to a withholding tax of 30%, although a reduced rate or exemption may apply if stipulated in the applicable tax treaty.

In order to remind payers of their withholding obligations, this fact sheet, the second in a series relating to the international tax gap, explains the rules for proper withholding and information reporting of U.S. source income paid to foreign persons.

General Rule

In general, a person that makes a payment of U.S. source income to a foreign person must withhold the proper amount of tax, report the payment on Form 1042-S and file a Form 1042 by March 15 of the year following the payment(s).

Withholding Agent

The person making the payment is considered to be the withholding agent. You are a withholding agent if you are a U.S.or foreign person that has control of any item of income of a foreign person that is subject to withholding.

When you make a payment of U.S. source income to a foreign person or entity you are normally required to withhold U.S. income tax at a rate of 30% and report it on Forms 1042-S and 1042 by March 15 of the year following the payment(s).

The penalty for not filing Forms 1042-S and1042 when due (including extensions) is usually 5% of the unpaid tax for each month or part of a month the return is late, but not more than 25% of the unpaid tax. Additional penalties apply for failure to provide complete and correct information or if you fail to provide a complete and correct statement to each recipient. The maximum penalty is $100,000 per year.

More detailed information on this subject can be found in the links below.

Links:

1042 Annual withholding tax return for US Source income of foreign persons